The Federation of Hotel & Restaurant Associations of India (FHRAI)

The Federation of Hotel & Restaurant Associations of India (FHRAI)
Food Safety and Standards Act (Licensing and Registration)
The above Act has been implemented on 5 th Aug, 2011. It becomes obligatory on all
Food Business Operators to acquire license under this Act either before the expiry of
their existing license or by 5 th August, 2012, whichever is earlier.
The processing of license takes 60 days. Therefore, the license should be applied by
5 th June, 2012 (60 days prior to the due date of obtaining the license /renewal of
license).
FSSAI has been established under Food Safety & Standards Act, 2006 which
consolidates various acts & orders that have hitherto handled food related issues in
various Ministries & Departments. FSSAI has been created for laying down scientific
and logical standards for articles of Food and to regulate their manufacture, store,
distribution and sale to ensure availability of safe & healthy food for Human
consumption across the nation.
The new regulation lays emphasis on ensuring corrective action through self regulation,
Premises where public is admitted for repose or for consumption of any food & drink or
any place where cooked food is sold or prepared for sale come under the gamut of this
Act.
FHRAI has submitted a proposal on March 16, 2012 to the Chairman, Food Safety &
Standards Authority of India (FSSAI) for review of standards of food products and
additives under Food Safety and Standards, Regulations 2011.

THE FEDERATION OF HOTEL & RESTAURANT ASSOCIATIONS OF INDIA
FHRAI Suggestions are as follows:
SUGGESTION FROM THE FEDERATION OF HOTEL AND RESTAURANT
ASSOCATION NEW DELHI ON - FOOD CHECK LIST
SR FSSAI LAWS
NO
1) FOOT MAT; to be kept at
the entrance :
FHRAI SUGGESTION / RECCOMMENDATION
It is impossible for restaurants to maintain
the same.
For Hotels it doesn’t serve any purpose as
staff change footwear in the staff lockers
after entering the hotel and move thereafter
to various places of production which are
kept well clean. It is impractical for us to
separate or restrict the movement of
production staff because in our industry their
nature of work demands them to walk to
butchery, stores, receiving and inspection
rooms and at times they have to meet guests
to cater to their specific requirements.
2) Less than 4*c for chillers : The industry has a well established validated
practice on cold storage of perishables, cooked
veg and cooked non veg food. The parameters
are : walk in coolers are used for vegetables,
fruits, milk, curd, etc and the range is +3*C TO
+7*C, cooked veg is 0 to 4*c and cooked non
veg is -4*c to 4*c.
3) Cooking temperature for
hot food is 65*c :
The hygiene requirement under part V of
schedule 4 says 60*c, now in your checklist it is
mentioned as 70*c. We have time and again
validated this process and it is 65*C for all food
stuff other than chicken where the core temp
must be 70*c.
4) Reheating temperature is
74*c :

THE FEDERATION OF HOTEL & RESTAURANT ASSOCIATIONS OF INDIA
5) Should not mention that
FBO must have water
purifier :
The Government supplies / provides potable
water through local administration which should
be accepted as the same is well treated . This
condition could be imposed only in the event the
supply from local administration is absent.
6) One hand wash for every
20 staff:
7) In terms of ceiling, floor
and wall:
8) Transportation of food in
vehicles with temperature
control:
9) Health check once in six
months:
10) Cooked oil not to be
reused:
11) For fresh license a well
equipped lab is demanded:
One hand wash facility for every 20 staff is
impossible and impractical.
Our suggestion is that FSSAI should just
mention that they should be of standards that
will ensure production of safe food. By
restricting the usage to a few materials
/vendors, you are restricting us from usage of
better technology or alternative methods.
Is unnecessary as in many cases restaurants,
hoteliers and caterers do not normally carry
prepared food for locations beyond two hours of
travel for serving, then why would we need it
Cold food is taken in ice pack boxes or a pilfer
proof; closed vehicle is fine but not this
precondition. Hence this condition should not
be mandatory .
Is impractical, should be once a year.
This is difficult but should go by the definition
like rancidity or pH values, because the auditors
who are unexposed to the industry may be
unaware of our industry requirements.
We insist that labs which follow established test
procedure and are identified by the Federation
or accepted by the industry as reliable
agencies may be accepted by FSSAI, because
our members need better access and we must
accept more practical solution in this regard.

THE FEDERATION OF HOTEL & RESTAURANT ASSOCIATIONS OF INDIA
FHRAI -VERY IMPORTANT RECOMMENDATIONS TO
FSSAI ACT
SR FSSAI REGULATION
NO
12) Preconditions for license
annexure -3 point no 4
demands
certain
qualification as compulsory.
FHRAI RECOMMENDATION
Many hoteliers and restaurant owners are
reasonably educated , qualified , possess
enough knowledge to maintain hygiene and
take care of production process as they have
been doing it for generations . they may not
have a food tech, bio , hotel mgt or catering
diploma / degree but may have done
commerce or management courses .
the criteria will make business expansion very
difficult . Most of these appointed graduates
keep switching jobs ! .
at one hand we are actively told to encourage
and employ who have short term certificates
from national skill development courses etc at
the other hand this law recognises only a
minimum 16 credit course .
The industry is facing severe manpower crisis
and such conditions will make it worse .
13) Point 3 of same and 6
demand that the fbo should
indicate the modification or
change of activities or
content and no product
other than mentioned
should be produced .
Restaurants and Hotels have to make the
guest happy with adhoc food festivals and
respond to various special occasions / seasons.
certain high profile catering including hosting
state heads for ceremonial dinners have to be
done as situation demands. hence hoteliers
and restaurants must be allowed to broadly
declare our category as cold food process and
hot food process. we should not be compelled

THE FEDERATION OF HOTEL & RESTAURANT ASSOCIATIONS OF INDIA
to inform changes in kitchen or restaurant
which are too frequently done as per guest
demands like on spot cooking in function halls
. we may kindly be exempted on this.
14) Clarity on transfer of
license.
Because in restaurants cross branding and
switching from one culinary style chain to
another is very common and frequent.
while there is clarity on transfer in case of
death the issue of normal transfers has to
be well spelt out. we feel this will encourage
trade and as such transfer is allowed in
other licenses also.
15) Many restaurants have
central kitchen with many
outlets so also the bakery /
confectionary units. do
such fbo’s apply for one
license greater clarity is
called for .
16) It is stated that from
authorized vendor or
supplier the fbo has to buy
raw material.
If it be separate license for many units /
outlets within one city supplied from one
production centre then the fee is
prohibitive. we strongly recommend that a
single license be given in such cases where
only conditions of hygiene may be insisted
on every point of sale.
It is possible for all prepacked products .
however , it is impossible for resort hotels and
tourist destination restaurants to search for
certified suppliers for perishables .moreover ,
this would also amount to denying the guest
opportunity to taste locally available fresh
produce . it is our suggestion that the fssai
needs to clarify that exclusively for caterers,
hoteliers and restaurants that other than meat
in perishable products the practice of buying
good quality ones and gmp be followed .

THE FEDERATION OF HOTEL & RESTAURANT ASSOCIATIONS OF INDIA
OUR SUGGESTION ON STANDARDS
FSSAI REGULATION
FHRAI RECOMMENDATION
Sr.
No.
17) There are many references
on crop contaminants ,
fertilizer residues ,
insecticide residues and
presence of heavy metals
in spice , agricultural
produce etc .
It is our humble submission that the
government may first share with us details of
statistics on all such items with specific
geographical identity and government
accredited lab results which can be verified so
that we are in a position to procure them
18) It is quite out of reach of any hotel or
restaurant which has innumerable raw
materials and continuously varying demands
based on guest preferences to first analyze
each raw material in lab then order and
process .
19) About 150 insecticide
residues are given
20) We may also bring to the
kind notice of fssai that in
order to assist our
members we have been
seeking information on
quality as demanded by
fssai on various grains,
spices etc
We have to test for its absence or limit in say
100’s of items it will cost more than annual
turnover of an individual FBO . needless to say
about other residues too.
The real produce in the nation from various
states without any further interference on the
product ,just the natural produce which is
largely based on rain, irrigation facility and soil
quality – lab results have been found to be
short of standards described . we may
therefore appeal that a more realistic science
based evaluation of present climatic conditions
and natural produce quality be done and later
prescribed for us to follow.
please issue circular to enforcement agencies
in state not to lift samples and test from hotel
or restaurant or caterer for substandard or
trace of residues or presence of heavy metal
contaminants because standard of raw
material as prescribed is unavailable or out of
reach or extremely scarce at this point of time.

THE FEDERATION OF HOTEL & RESTAURANT ASSOCIATIONS OF INDIA
21). We are also taken aback
by the sentiments
expressed in this law for
example a line reads in
2.1.7 – normally inspection
may not be done if an
accredited fsms auditor or
agency has certified .
22) In food additive standards
and regulation 3.1.2 (6)
states that synthetic
colours may be permitted
only in savouries (
dalmoth, mongia, phululab,
sago papad, dal biji only).
Very few purely Indian agencies have been
accredited for FSMS audit and industry has not
been consulted on FSMS audit accreditation as
our trade is quite unique. we pray for FSSAI to
guide us on what is the meaning of this
accreditation. because nabl is the only body
for lab accredition but for audit of fsms govt
has accepted as accredited agencies beyond
NABCB . we are unclear about this. we suggest
industry trained fsms internal auditors or
auditors approved through a qualifying
examination through our industry federation
educational institute be accepted for this
purpose.
In a nation as big and varied as ours why
savouries across the nation have not been
included .
most of the items like ice cream, soft drinks,
confectioneries, biscuits consumed by children
(who are more susceptible to health hazards)
are allowed to have colours. similarly, milk
products like ice cream, flavored milk,
yoghurts & sweets are allowed to have colours
where as it is not permitted in shrikhand,
however, it is a sweet and milk product too.
this policy is not uniform and hence the
purpose appears to be irrational . therefore, it
is suggested that necessary relaxation in the
said issue be considered taking due
consideration of the local culture, recipes,
demographics etc.
the hoteliers, restaurants and caterers have
not been well consulted before.
we suggest fssai reconsiders this portion .
23.) We appeal that the flat
prohibition of stevia to be
used be lifted.
Because tourists familiar with biorichness of
India demand non toxic species of stevia .
when Europe itself is considering the use of
this why it is banned here . we request that
caterers, restaurants and hoteliers be allowed
to use natural substances unless declared toxic
by global agencies

THE FEDERATION OF HOTEL & RESTAURANT ASSOCIATIONS OF INDIA
Sr. FSSAI REGULATION
No.
24) The purchaser may take
samples
25). All penalties from sec- 50
to sec – 67
FHRAI RECOMMENDATION
Is a very harmful provision for us, as you may
acknowledge that antisocial elements , others
who are denied free meal and donation would
immediately use this and create such ruckus in
our restaurants which depend on few hours of
peak traffic business
it doesn’t mean we are against consumer righ
.infact we are hospitality people and always believ
that guest is right . complaint on food quality , tas
is always corrected by not collecting bill or replacin
the item or immediate rework . the fssai may consu
our representatives in order to balance betwee
consumer rights and our apprehension through
more reasonable provision.
are unimaginably high . many are 200 to 300
times higher than the pfa penalties .
already the enforcing officers are coming to us
with print out of fine and imprisonment details.
demanding money and undue favours . we
humbly call for rationalization of the penalties .
The following need to be amended in the requirement
conditions for license;
Sr. Points To Be Amended
No.
26) Chilling of food is broadly
classified and it is
mentioned as less than
5*c.
27) Chutney storage is to be
stored either in food grade
plastic material or glass
containers
Amendments Required
Industrial practice for uncooked but cut,
peeled, mixed, soaked vegetarian items has to
be 3 to 7*c not exceeding 24 hours
This has to read as food grade material only

THE FEDERATION OF HOTEL & RESTAURANT ASSOCIATIONS OF INDIA
28) It is mentioned as all fruits
and vegetables which are
to be served uncooked
must be washed in 50ppm
chlorine
29) Food kept in display must
be disposed is a very vague
expression
30) Recommendation on food
transport from say a
central kitchen to the point
of sale and transport from
point of sale to point of
catering
31) Even after the
implementation of this act
local authorities from public
health are demanding for
Food Handlers Certificate
32). There are more than 150
insecticide residues for MRL
in various food substances
which have been
This must read as those which are washed,
must be done in an appropriate manner with
an acceptable sanitizing liquid like chlorine for
example and not beyond 50ppm. The same
must be validated for its efficacy by the
operators quality assurance team from time to
time
Cooked food with gravy or completely
prepared salad in buffet , prepared chutneys
or such accompaniments as deemed unfit for
reuse or rework as normally acknowledged in
catering practice, may be discarded
In both cases temperatures mentioned are
very general . It is an accepted industrial
practice in catering, that it is ensured that
production is planned, keeping in mind
maximum window period of 3 ½ hrs . - hot
food stays and cold food stays cold. There are
quite a few items that cannot be kept beyond
60* c temperature as they may lose their
quality and wholesomeness. It would be better
to state this range is recommended and in
specific dishes such temperature range which
is validated
Which in reality is available in major
Corporations and big Municipalities but many
Panchayats do not have any facility to issue
such certificates . even where it is issued it
lacks details which are important for a Food
Handler. Hence we would highly appreciate if
the act says annual check up from a registered
medical practitioner .
These residues are impossible for hoteliers and
restaurant owners to trace .needless to say
about crop contaminants of other kinds. As
catering industry we can assure that we source

THE FEDERATION OF HOTEL & RESTAURANT ASSOCIATIONS OF INDIA
mentioned
from approved vendors for packed products
and from authorized markets for perishables .
We will reject the spoilt ones, pre wash etc .
but there have been occasions even in the
erstwhile Act PFA where inspectors have filed
cases against hotel/restaurants for trace of
coloring substances in turmeric powder or chili
powder
33) For prepared food in
both cold food process
and hot food process .
A more clear microbiological criteria is required
34) FSSAI should declare That for Food and Water related matters as far
as restaurant and hotels are concerned , No
other agency should demand another license
or test etc. other than for Effluents Pollution
Control board.
Sr FSSAI
no
35) Bifurcation of FBO is
required in terms of
turnover for the purpose of
employment of technical
person.
Recommendation
Please refer the FSS Regulation 2011, Chapter:2:
Section 2.1.2, 2.1.3 and 2.1.17. Form B is for
Application for license / renewal of license under
FSSA 2006. In this forms Sr.No.4, there is a
provision of employment of technical person in
charge of operations. There is no Classification
of license holder. At present, it is from turnover
above 12 lakh to no limits. This provision is very
impractical for small FBO those who themselves
prepared and storing the foods and selling to
consumers. Here there must be some more
bifurcation is required to define FBO in terms of
turnover. The above provision should not to be
applicable to all class of FBO, those falls under

THE FEDERATION OF HOTEL & RESTAURANT ASSOCIATIONS OF INDIA
License requirements.
We suggest the following criteria’s could be laid
down in respect of employing technical person
as below :-
1. Those FBO has a turnover above 50 crore.
2. Those FBO prepared / manufacturing /
processing / their food articles with the help of
machinery.
3. Those FBO has a capacity to employ at least
250 unskilled / skilled persons.
36) License under the FSSA
should be one and only.
The other license category
like sanitary / health should
be merged.
We urge the FSSAI to intervene in the matter of
dual license issued by Local Bodies / Municipality
/ Municipal Corporation etc. These agencies
issue Health / Sanitary license and Food license
and inspection is carried out by sanitary
inspector, form health dept is in a way duplicating
the work of FSO. Now this FSSA 2006 is
amended to merge different food laws and finally
it is a supreme act among all food laws. The
license condition is more deterrent and emphasis
to maintain the sanitary and hygiene condition for
FBO. We request the FSSAI to provide guideline
to the Local Bodies for the implementation of
FSSA 2006 and merge the different sanitary /
health inspection as well license and issue the
circular / mandate accordingly so as to ensure
that the object of FSSAI is not defeated . FSSAI
should clearly state that for food and water
related matters as far as restaurant and hotels
are concerned, no other agency should demand
separate licenses or test etc. other than for
effluents pollution control board.
37) PFA license should be
immediately transferred to
FSSA license at present.
(on condition apply)
To expedite the license procedure, the transfer of
license shall be instantly converted from PFA to
FSSA and provide Application ID. We suggest that
pending the compliance of the licensing
conditions , all PFA licenses should be converted
to FSSAI immediately .

THE FEDERATION OF HOTEL & RESTAURANT ASSOCIATIONS OF INDIA
38) License Documents should
feasible
39) License penalty should be
reduced :
The number of documents listed in the FSS
Regulation 2011. The documents should be in
such a way that which is routinely available and
without financial load to FBO. The lay out plan or
its blue print, water analysis report with chemical,
bacteriological, pesticide residues etc. should be
omitted. Most of all FBO, using Municipal tap
water, which is treated and disinfected by
chlorine / disinfected agent and tested by their
own laboratory. There should be some option in
this provision. Apart from this, it is necessary to
simplify and reduces the number of documents
for license.
FSS Regulation in Chapter 2: The following
penalties enforce :
(1) Under Section 2.1.7 (4) The renewal of
license application filed beyond the expired period
shall be accompanied by a late fee Rs.100/- day
for each day of delay. This is unreasonably high
. FBO may miss the renewal due to oversight .
Hence it is requested that the penalty should be
Rs.10/- per day and maximum Rs.500/-.
(2) Under Section 2.1.13.(3). Any delay in
filing return beyond 31 May of each year shall
attract penalty of Rs.100/- per day of delay. For
the reasons mentioned above , we humbly
suggest that this penalty should be reduced to
Rs.10/- per day of delay and maximum Rs.500/-.
40) FSS (Licensing and
Registration of FBO
Regulation 2011 : Chapter
2: Part V (II)(2)
To wash vegetable and fruits by 50 ppm of
chlorine .
We would like to draw your attention that 50 ppm
of chlorine in a water is very high . Under this
concentration lot of problem arises, like corrosion
in pipeline leading to break down , skin
disorders of person handling the F & V, adverse
affects on health and difficulty in getting water
containing 50 ppm of chlorine in pipelines.
We request you to look into this matter and

THE FEDERATION OF HOTEL & RESTAURANT ASSOCIATIONS OF INDIA
correct it to 0.5 ppm to 1.5 ppm as maintained by
Municipal authority in Tap water.
41) Annual returns is totally
avoidable as the same is
appropriate to food
processing / packaging
industries
However , for restaurants to file returns and
details of every aspect of production is impractical
Moreover , the process’ adopted by FBOs are not
automated and are excessively reliable on human
effort and wide range of raw materials , the
consumption of which varies from one Cook to
the other .
42) Designated Officer - Adjudicating Officer should not be the
departmental officer . The said DO adjudicating
the prosecution initiated by his own subordinate
FSO appears to be arbitrary , improper and
against the principles of equity and fairplay . In
Mumbai / Metros DO is the Jt Com . DO in our
humble opinion should be at least of a rank of sub
Judicial Magistrate .
43) Rule 4 (1) FSO sealing
premises is arbitrary for
lack of settled and or
defined procedures for the
same
44) Improvement notices Sec
32
45) Sec101 Union has powers
to remove difficulties
The said provisions give unbridled and arbitrary
powers to the FSO thereby rendering FBOs to
arm-twisting . Sealing of premises in various laws
are subject orders of the competent Court . We
suggest that due process of law should be
adopted in such issues .
Should be issued only in instances when the non
compliance is within the control of the FBO . As
the standards prescribed are impractical at many
places ( considering the socio-economic condition
in different parts of the country ) , as also many
of the standards are subject to the general
hygiene or sanitation adopted by the local
administration , FBOs being targeted for noncompliance
of standards even beyond their own
control is possible . Hence defined procedure for
issuing of Improvement notices is called for .
Having regard to the same , bi-yearly
consultation process should be initiated by the
FSSAI to call for periodical audit of the existing
law and rules /regulations framed there under as

THE FEDERATION OF HOTEL & RESTAURANT ASSOCIATIONS OF INDIA
also review of prosecutions launched therein .
46) Penalty must be
rationalized
47) Exemption of raw material
from sampling
Firstly , penalties as high as 2lacs – 10 lacs are
exorbitant and unreasonable . So also ,
discretionary power of imposing penalties
between 2lac – 10 lacs will lead to severe
corruption .
Prosecution based on samplings of raw materials
must be reconsidered . FBOs should not be made
to go through prosecution for problems in raw
materials which are beyond the control of FBO .
48) Section 34 Emergency
prohibition orders should
be confined to the Courts
and not the department
49) In cases of first offence of
not serious nature , the
power to compound could
be given to DO ,
This would ensure that there is no abuse of such
wide powers entrusted in departmental officers .
This is having regard to the stringent standards
prescribed , socio –economic conditions and
general sanitation . hygiene prevalent .
designated officer
50) Section 2 (zz) Unsafe food This is a definite area of concern , which needs
greater study and rationalization .
51) FSSA 2006 : Chapter 9 :
The provision of ‘Offences
and Penalties’
In this provision, there is a need of revision
sympathetically . Section 63 of above chapter :
In regard to Punishment for carrying out a
business without license, we request for
relaxation of punishment which is much higher
that for other serious offences under the Act .
Under Section 64 : Punishment for subsequent
offence.. It is requested that the punishment is
required but should be on the basis of gravity of
offence . We suggest that it should be after three
offences and the license shall be cancelled for a
reasonable period of time .

THE FEDERATION OF HOTEL & RESTAURANT ASSOCIATIONS OF INDIA
Our humble suggestions in short are as follows
:
• We expect to be well represented in committees defining product
standards.
• Our risk analysis be considered and our responsibilities be
limited to processing and serving
• We would follow best practices in identifying vendors , follow
GMP in receiving and storing
• But such exhaustive analytical detail between procurement and
finished product is impossible for our nature of work.
• We wish to be guided in future by more well published realistic
data for procurement from government sources until such time
enforcement may be directed not to take raw material samples
from us on physical or chemical standards .
• We will certainly maintain raw material in good condition with
well planned pest control programmes .
• That local advisory committee or fssai implementation council be
formed with adequate industry representation and enforcing
officers being part of it . it will enable the noble intention of this
law be realized or else we have already started feeling a lethal
weapon is supplied to very imbalanced, unfair local officers. our
interaction has revealed their total lack of understanding of fsms
and our parameters . meeting of this council should be on biannual
basis so that a proper evaluation of the prosecutions ,
difficulties etc could be undertaken as the law evolves
• We would humbly request that definition of laboratory may be
redefined as those laboratories that follow stated protocol by
fssai or standard references globally accepted for said criteria .
because not every FBO can own lab or have human resources to
manage . nabl labs are far less and expensive . FSSAI must
recognise and notify labs created by Federation or Industry
Association.

THE FEDERATION OF HOTEL & RESTAURANT ASSOCIATIONS OF INDIA
• We are worried that the standards are not very supportive to the
farming community because if we in the industry go by the rule
book we may have to import everything. we request that
guidance to us and farmers be given on present water resource
quality/ standards in this country . possible residues from
imported fertilizer and insecticide as per application
recommended to farmers in produce ,effect or residue of
antibiotic in fish , meat and poultry . the fbo is the most
important life line of agriculture in this country. hotels,
restaurants and caterers are perhaps paying the best possible
rate to the farmer and take maximum fresh produce . we
welcome safety and are willing to ensure that all our customers
are safe but we are apprehensive of prescribed standards which
seem as it stands today highly impractical.
• We appeal that both the farmer and FBO’s be protected and well
guided with reasonable changes made to this new act.